The Breeder's Exception to Patent Rights

This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder's exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.

First legal and economic analysis of the breeder's exception to patent rights Analyzes TRIPS provisions and supports TRIPS-compliant legislation on plant-related patents Offers guidance for judicial decisions on exceptions to patent rights Introduces key concepts in intellectual protection of plant-related material, such as the distinction between plants and plant varieties Includes supplementary material: sn.pub/extras

Inhalt

Chapter 1: Setting the background.- Chapter 2: The industry of plant breeding.- Chapter 3: Intellectual Property in plant breeding.- Chapter 4: Conceptualizing the breeding exception to patent rights: a legal and economic appraisal.- Chapter 5: The breeding exception to patent rights: analysis of compliance with article 30 of the TRIPS Agreement.- Chapter 6: Overview.